Recent criticisms of Chevron and forms of APA originalism attempt to tease apart “law” from “policy,” and suggest that, while agencies may make the latter, they cannot make the former. Emerson addresses whether the critical terms “law” and “policy” in the APA should be understood in the same way. This contribution will examine the original conception of the relationship between law and policy when the APA was enacted. Hal Krent will provide commentary. THIS SESSION IS NOT ELIGIBLE FOR CLE CREDIT.